Facts
This case dealt with the question of how pre-retirement withdrawals of pension assets for the acquisition of residential property should be taken into account in the pension equalization upon divorce. The Federal Supreme Court had to decide whether the wife's pre-retirement withdrawal of CHF 50,000 should be paid to her in addition to her termination benefit or whether this amount is already tied up in the residential property and therefore no longer available as pension assets.Considerations
The Federal Supreme Court decided that the wife's pre-retirement withdrawal of CHF 50,000 must be taken into account in the calculation of the termination benefit, but this amount cannot be paid to her additionally, as it is invested in the residential property and thus continues to serve the purpose of retirement provision. The pre-retirement withdrawal is therefore no longer available as pension assets, but is tied up in the residential property. A repayment of the amount to the wife's pension institution is only possible under the narrow conditions of Art. 30d OPA, which is not the case here, as the property remains in the joint ownership of the parties.
The wife's subsidiary request to have the husband's pre-retirement withdrawal of CHF 71,547 transferred to her vested benefits account was also rejected by the Federal Supreme Court. This amount is also invested in…